Plan prevents Corps from selling surplus river water

Engineers targeted Missouri River reservoirs

Jul. 11, 2013

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| From staff reports

The U.S. House on Wednesday approved an amendment from South Dakota Rep. Kristi Noem that prohibits the U.S. Army Corps of Engineers from charging a fee for surplus water from the Missouri River.

The amendment, approved as part of the Energy and Water Development appropriations bill, prevents the Corps of Engineers from using any money in the bill to issue rules or regulations related to charging a fee for surplus water, according to a news release from Noem’s office.

The House passed the entire Energy and Water Development appropriations bill late Wednesday night.

At issue was a proposal last August by the corps to institute a storage fee system by designating some water in Missouri River reservoirs as “surplus.”

Users, including cities and businesses, would have to enter into contracts for water drawn from the river’s six reservoirs — four of which are in South Dakota.

“Rural water systems, businesses and tribes up and down the Missouri River rely on the river for water and have been pulling water from the river for nearly 60 years without a fee,” Noem said. “This amendment stops an overreach by the corps in its attempt to charge constituents in our states what is legally theirs — water from the Missouri River.”

South Dakota Attorney General Marty Jackley had said in August that he would sue the Army Corps of Engineers if the fee was implemented.

The Senate passed a similar amendment in May to a water resources bill, where it received support from South Dakota’s two senators.

“South Dakotans should not be charged for water that is legally and historically theirs,” Sen. John Thune said in May.

“This amendment provides a good resolution to the legitimate concerns raised by our states and tribes,” Sen. Tim Johnson said.